I'll just say, as I read the legislation the way you have structured it, I'm not sure that it could be plea-bargained away, because even where it's not mandatory it's presumptive. It's only the secondary offences where the application has to be made and that could be the subject of plea bargaining. It's a complex piece of legislation, but that's how I read it.
That was certainly a problem in the past where the prosecution had to request the order, but I don't read this legislation as going back to that model.